Request from BT to extend an exemption from the Undertakings under the Enterprise Act 2002 for 20CN DSLAMs
- Dechrau: 14 Medi 2011
- Statws: Datganiad a gyhoeddwyd
- Diwedd: 12 Hydref 2011
This Statement sets out Ofcom's conclusions in relation to a request by BT for an extension to an existing, but currently time limited, exemption from the Undertakings. BT's request relates to the connection of the legacy 20CN Digital Subscriber Line Access Multiplexer (DSLAM), which provides broadband services, directly to a Main Distribution Frame (MDF) rather than via an intermediate Handover Distribution Frame (HDF).
On 22 September 2005, British Telecommunications plc ("BT") offered, and Ofcom accepted, a set of undertakings pursuant to section 154 of the Enterprise Act 2002 (the "Undertakings"). The Undertakings included mechanisms to allow BT and Ofcom to agree exemptions from the Undertakings.
BT has requested to make permanent part of an exemption granted on 21 December 2006 referred to as "Part 2, Exemption 9" . Part of the original exemption, which relates to LLU Associated Services, was time limited and allows BT to expand legacy DSLAMs without the need to use Equivalence of Input (EOI) processes until 31 December 2011.
BT has requested that the exemption be made permanent to allow it to continue with these arrangements until such time as its Next Generation Network (known as 21CN), is deployed. BT's request is set out at Annex 1.
On 14 September 2011, we published a consultation (the "Consultation") on BT's request.
In the Consultation we proposed to agree to BT's request and make the existing exemption permanent based on the following:
- BT's plans for 21CN;
- the number of instances that the exemption is likely to be required;
- the pace of migration from legacy to new products; and
- our view on the impact on competition in the areas where this exemption is most likely to be relied upon.
We received 3 responses and having carefully taken account of all representations made during the Consultation, we have concluded that it is appropriate to grant BT the extension to the exemption, as requested.
The legal agreement extending the exemption is set out at Annex 2.